New Code of Practice on Flexible Working

ACAS Code of Practice on Flexible Working

We updated you in our Newsletters (here) that changes to the statutory right to request flexible working came into effect on 6 April 2024.  This includes extending the right to all employees from their first day of employment, allowing two flexible working requests per year and requiring the employer to consult with the employee before deciding not to accept a request.  You may be interested in Anne-Marie’s recent blogs in this topic useful too

An updated (statutory) ACAS Code of Practice also came into effect on 6 April 2024 (available here). This reflects the final regulations and the results of consultations with employers.

The updated Code encourages employers to take a positive approach to working flexibly. It outlines how a statutory flexible working request should be made, what employers should consider when handling a flexible working request, how to communicate their decision and handle appeals. It also reminds employers that they must consult with employees before rejecting their request and can only do so if they have a genuine business reason.

It is important that employers ensure they comply with the Code, as any failure to do so can be taken into account by a Tribunal when deciding the outcome of a claim under the flexible working regulations.

ACAS has also published updated its (non-statutory) guidance on flexible working (available here).  It  includes helpful practical examples for employers and employees.